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How do tracker categories and CNIL exemptions work?

Understand the different tracker categories (consent-required, strictly necessary, CNIL-exempt) and verify their configuration with the Shake scanner.

Written by Manon Manso
Updated today

Trackers on a website fall into three categories depending on whether they require visitor consent. Axeptio and its Shake scanner help you verify that each tracker is properly configured.

What are the tracker categories?

1. Trackers requiring consent

Most trackers require explicit visitor consent before being set. This includes advertising trackers, social media sharing trackers, and behavioral tracking trackers.

2. Strictly necessary trackers (exempt)

Some trackers are exempt from consent because they are essential to the site's operation:

  • Technical trackers: ensure proper site functionality (display, navigation, session).

  • Consent banner trackers: store the visitor's preferences for 6 months.

  • Certain audience measurement trackers: under strict configuration conditions (see below).

3. Audience measurement trackers exempt by the CNIL

Certain audience measurement solutions can be exempt from consent if they follow a specific configuration validated by the CNIL. Among the recognized solutions:

  • Matomo Analytics (v4)

  • AT Internet Analytics Suite Delta

  • Piwik PRO Analytics Suite (v15.2.0)

  • Adobe Analytics

  • Eulerian (v6)

  • Contentsquare CS Digital (v10)

The complete list and configuration guides are available on the CNIL website. Consult your legal advisor to confirm your solution's eligibility.

How to verify your tracker configuration?

Axeptio's Shake compliance scanner classifies your trackers into three states:

  • Well configured: the tracker is set after visitor consent, or it is exempt.

  • Badly configured: the tracker is set before consent even though it is not exempt. A fix is needed.

  • Specific configuration possible: the tracker is set before consent, but may be exempt under certain conditions. Verify you are using the exempt configuration.

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